By Rafael Garutti
The Brazilian trademark system is clear: only lawful activities are eligible for protection under the Industrial Property Law (Article 128 of Law No. 9,279/1996). This principle directly impacts foreign companies looking to register trademarks for online gambling and betting services in Brazil.
A recent opinion issued by the Specialized Federal Attorney’s Office at the National Institute of Industrial Property (Opinion no. 00019/2024/CGPI/PFE-INPI/PGF/AGU) highlights key limitations related to this subject. Trademark applications for online gambling or sports betting are valid only if they comply with specific legal criteria, such as fixed-odds betting permitted under the strict conditions of Law No. 14,790/2023. However, general gambling activities, including online casinos, remain prohibited under Decree-Law No. 3,688/1941.
Additionally, Article 7 of Law No. 14,790/2023 requires betting activities to be conducted by entities legally incorporated in Brazil, with headquarters and administration. These entities must also meet stringent technical and cybersecurity standards and demonstrate relevant expertise in games, bets, or lotteries.
What This Means for Foreign Companies
In short: foreign entities cannot register trademarks for gambling or betting services in Brazil.
ligning with Brazilian legislation ensures legal compliance and protects a brand’s reputation. While some online betting services are lawful and eligible for trademark registration through Brazilian companies, broader gambling activities (like online casinos) remain prohibited.
Brazilian companies operating lawful betting services can leverage this opportunity to strengthen their market presence, while others must navigate these restrictions with care.
What’s Next?
The Brazilian Trademark Office (INPI) will host a meeting on December 10th, 2024, to discuss trademarks for online betting services and acquired distinctiveness. This hybrid event (in-person and online) promises valuable insights for brand owners and IP professionals to gain valuable insights into this evolving legal landscape.
I’ll be sharing more updates and practical tips on this topic in my upcoming posts. Stay tuned, and feel free to connect or share your thoughts, I would love to hear your comments!
